The following standards shall apply to the establishment
or expansion of any "campground," defined here as any plot of ground
upon which two or more sites are located for occupancy by seasonal
rental cabins, tents, campers, trailers or other recreational vehicles
for recreational, educational or vacation purposes:
A.
The plans for the construction or expansion of any facility shall be reviewed and approved by the Planning Board under the provisions of Article IV prior to the start of construction and the occupancy of any site.
B.
Within a campground, there shall be a minimum area
of 3,500 square feet and a minimum width of 70 feet per campsite,
exclusive of roadways, common facilities and open space. In no case
shall the overall density of the campground be greater than one site
per 5,000 square feet, inclusive of roadways, common facilities and
open space.
C.
All recreational vehicles, tents or shelters and utility
and service buildings shall be set back a minimum of 100 feet from
all property and street lines and set back a minimum of 75 feet from
the normal high-water mark of any water body or stream.
D.
A properly landscaped buffer area at least 50 feet
in width shall be maintained along all property and street lines.
E.
Sanitary and recreational facilities shall be located
to conveniently and safely service the occupants of the facility.
F.
The design of roads and walkways within the site must
accommodate pedestrian traffic and provide pedestrian safety.
G.
Walkways shall be designed where possible to avoid
crossing roads to reach service buildings or recreation areas. Walkways
in the campground shall be indicated on the plan and shall be surfaced
with an all-weather, dustless material.
H.
Roads within campgrounds shall be at least 14 feet
wide for one-way roads and 20 feet wide for two-way roads. All roads
shall be maintained in a well-graded, well-drained condition and surfaced
with an all-weather, dustless material.
I.
All entrance and exit roads shall intersect public
roads at an angle between 80° and 90° and at a grade not to
exceed 3% for the first 75 feet of the campground road.
J.
All campgrounds shall provide the following facilities:
(1)
Two toilets, one toilet for each sex, per 10 sites
shall be provided. Toilet facilities shall be located within 700 feet
of each site. Urinals shall be provided. Up to 1/2 of the male toilets
may be urinals. Regardless of the number of sites in the campground,
a minimum of four toilets, two toilets for each sex, shall be provided.
(2)
Where water and sewage hookups are not provided, two
lavatories or other hand-washing facilities shall be provided, one
for each sex, per 15 sites.
(3)
Where individual water hookups and sewage disposal
facilities are provided, the ratio shall be two toilets and lavatories,
one per sex, for every 40 sites, located within 2,000 feet of each
site. Where service buildings are not provided, privies and hand-washing
facilities shall be provided at a ratio of two, one per sex, for every
40 sites, located within 500 feet of each site.
(4)
Showers, serving hot and cold or tempered water, shall
be provided at all campgrounds of 75 sites or more, and four showers,
two per sex, shall be provided for every 50 sites.
(5)
Utility sinks shall be provided. The sink should be
located near the door if within a building where it can be utilized
for disposal of dishwater brought in buckets.
K.
An adequate supply of water shall be provided within
250 feet of all campsites. One water spigot with soakage pit or other
disposal facilities shall be provided for each 10 campsites without
water facilities.
L.
All sewage treatment facilities and water systems
shall meet all requirements of the New York State Department of Health
and all other local and state requirements.
M.
Circulation.
(1)
Pedestrian safety. The design of roads and walkways
within the campground must indicate pedestrian traffic.
(2)
Walkways shall be designed, where possible, to avoid
crossing roads to reach service buildings or recreation areas. Walkways
in the campground shall be indicated on the plan and shall be surfaced
with an all-weather, dustless material.
A.
Purpose. It is the purpose of this section to regulate
the operation of home occupations to ensure that the home occupation
remain secondary or incidental to the residential use. The right of
the property owners to be free of nuisances caused by certain home
occupations is recognized. Only those uses will be allowed which:
B.
Classification of home occupations.
(1)
Type I home occupations will have no impact on the
surrounding neighborhood and are characterized by the following criteria:
(a)
The business has not more than one full-time
equivalent employee on premises who does not reside in the home. The
business may have additional employees who do not work on premises.
(b)
The business has no customer traffic.
(c)
There are no deliveries to or from the home
occupation other than routine mail and incidental package delivery.
(d)
No equipment is used other than normally used
in household, domestic, or general office use.
(e)
There is no visible exterior evidence of the
occupation.
(2)
Type II home occupations have the potential to have
a greater impact on the surrounding neighborhood than the Type I home
occupations and are characterized by the following criteria:
(a)
The business may have up to three full-time
equivalent resident employees. The business may have additional employees
who do not work on premises.
(b)
The business may have customer traffic.
(c)
There may be deliveries to or from the home
occupation in addition to routine mail and incidental package delivery.
(d)
Equipment, other than normally used in household,
domestic, or general office use, may be used.
C.
Standards. All home occupations shall meet the following
criteria:
(1)
Floor area. The home occupation shall not occupy more
than 25% of the gross floor area of the primary residence.
(2)
Limitations on nonresidents. The individual primarily
responsible for the home occupation shall reside in the dwelling unit.
(3)
Employees. Only one full-time equivalent resident
employee, in addition to the immediate family permanently residing
on the premises, shall be employed in a Type I home occupation. A
Type 2 home occupation may have up to three full-time equivalent resident
employees.
(4)
Hours of operation. In no case shall a Type 2 home
occupation be open to the public at times earlier than 8:00 a.m. nor
later than 6:00 p.m.
(5)
Storage. There shall be no storage of equipment, vehicles
or supplies associated with the Type I home occupation outside the
dwelling or accessory building.
D.
Procedures.
(1)
Special use permit. Every Type II home occupation shall be required to obtain a special use permit in accordance with the procedures outlined in Article V. The special use permit granted to a home occupation shall not be transferable from person to person or from address to address.
(2)
Preexisting home occupations. A home occupation lawfully
in existence at the date of enactment of this chapter shall be considered
grandfathered and allowed to continue. Any expansion of preexisting
grandfathered home occupations shall be subject to review in accordance
with the provisions of this section.
E.
Enforcement: voiding of permit. The Code Enforcement
Officer may void any special use permit for noncompliance with the
criteria set forth in the chapter or for providing false statements
in the special use permit application. Revocation may take place at
any time prior to the expiration date of the permit. If the permit
is revoked or is not renewed, it becomes null and void, and the home
occupation use shall be terminated. If a permit has been revoked,
the owner of the home occupation business shall not apply for another
special use permit for period of one year from the date of the revocation.
F.
Inspections. The Code Enforcement Officer shall have
the right at any time, upon reasonable request, to enter and inspect
the premises of the home occupation for safety and compliance purposes.
A.
Purpose. The purpose of these supplemental regulations is to promote the health, safety and general welfare of the residents of the Town of Greenwich; to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations; to minimize the total number of telecommunications towers in the community by encouraging shared use of existing and future towers and the use of existing tall buildings and other high structures; and to minimize adverse visual effects from telecommunications towers by requiring careful siting, visual impact assessment and appropriate landscaping. At all times, shared use of existing tall structures (for example, municipal water towers, multistory buildings, church steeples, farm silos, etc.) and existing or approved towers [see Subsection B(2) below], shall be preferred to the construction of new towers.
B.
Applicability; permits required.
(1)
No telecommunications tower, except those approved
prior to the effective date of this section, shall be used unless
in conformity with these regulations. No telecommunications tower
shall hereafter be erected; moved, reconstructed, changed or altered
unless in conformity with these regulations. No existing structure
shall be modified to serve as a telecommunications tower unless in
conformity with these regulations.
(2)
[1]Applicants proposing to share use of an existing tall structure for telecommunications equipment must obtain a special permit in accordance with Subsection C below and Article V of this chapter.
[1]
Editor's Note: Former Subsection B(2), regarding the need
for site plan approval for the co-location of telecommunications equipment
on a previously approved telecommunications tower, was repealed 12-28-2016
by L.L. No. 1-2017. This local law also provided for the renumbering
of former Subsection B(3) through (5) as Subsection B(2) through (4),
respectively.
(4)
An applicant proposing to construct a new telecommunications
tower shall include in its application a representation that it has
complied with the Federal Aviation Regulations, Code of Federal Regulations
Part 77, Subpart C, Obstruction Standards.
C.
Shared use of existing tall structures other than
co-location on a previously approved telecommunications tower. An
applicant proposing to share use of an existing tall structure other
than co-location on a previously approved telecommunications tower
shall be required to submit:
[Amended 12-28-2016 by L.L. No. 1-2017]
(2)
Documentation of intent from the owner of the existing
facility to allow shared use.
(3)
A site plan. The site plan shall show all existing
and proposed structures and improvements, including antennas, roads,
buildings, guy wires and anchors, parking and landscaping and shall
include grading plans for new facilities and roads. Any methods used
to conceal the modification of the existing facility shall be indicated
on the site plan.
(4)
An engineer's report certifying that the proposed
shared use will not diminish the structural integrity and safety of
the existing tall structure and explaining what modifications, if
any, will be required in order to certify to the above.
(5)
A completed State Environmental Quality Review Act
(SEQRA) environmental assessment form (EAF) and a completed visual
EAF addendum.
(6)
A copy of its Federal Communications Commission (FCC)
license.
D.
If an applicant proposing to share use of an existing tall structure submits complete and satisfactory documentation in accordance with Subsection C(1) above and if modifications indicated according to Subsection C(1) are deemed insignificant by the Planning Board and after the Planning Board conducts a public hearing and complies with all SEQRA provisions and if the Board determines that the use is consistent with the standards for issuance of a special permit set forth in Article V, the Board may grant a special permit without further review under this section. If the Planning Board determines that any modifications indicated according to Subsection C(1) are significant, the Board may also require the applicant to provide the additional information and meet some or all of the requirements as set forth in Subsections H through T below.
E.
New telecommunications tower. The Board may consider
a new telecommunications tower when the applicant demonstrates that
shared use of existing tall structures and existing or approved towers
is impractical. An applicant shall be required to present an adequate
report inventorying all existing tall structures and existing or approved
towers within a reasonable distance of the proposed site. This distance
shall be determined by the Board in consultation with the applicant.
The report shall outline opportunities for shared use of these existing
facilities as an alternative to a proposed new tower. The report shall
demonstrate good faith efforts to secure shared use from the owner
of each existing tall structure and existing or approved tower as
well as documentation of the physical, technical and/or financial
reasons why shared usage is not practical in each case. Written requests
and responses for shared use shall be provided.
F.
Shared usage of an existing tower site for placement of a new tower. Where shared use of existing tall structures and existing or approved towers is found to be impractical, the applicant shall investigate shared usage of an existing tower site for the ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection D above. Any proposals for a new telecommunications tower on an existing tower site shall also be subject to the requirements of Subsections H through T below.
G.
New tower at a new location. The Board may consider a new telecommunications tower on a site not previously developed with an existing tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical and submits a report as described in Subsection D above and when the Board determines that shared use of an existing tower site for a new tower is undesirable based upon the applicant's investigation in accordance with Subsection E. Any proposal for a new telecommunications tower shall also be subject to the requirements of Subsections H through T below.
H.
New towers; future shared use. The applicant shall
design a proposed new telecommunications tower to accommodate future
demand for reception and transmitting facilities. The applicant shall
submit to the Planning Board a letter of intent committing the owner
of the proposed new tower and his/her successors in interest to negotiate,
in good faith, for shared use of the proposed tower by other telecommunications
providers in the future. This letter shall be filed with the Code
Enforcement Officer prior to issuance of a building permit. Failure
to abide by the conditions outlined in the letter may be grounds for
revocation of the special permit. The letter shall commit the new
tower owner and his/her successors in interest to:
(1)
Respond within 90 days to a request for information
from a potential shared-use applicant.
(2)
Negotiate, in good faith, concerning future requests
for shared use of the new tower by other telecommunications providers.
(3)
Allow shared use of the new tower if another telecommunications
provider agrees, in writing, to pay reasonable charges. The charge
may include, but is not limited to, a pro rata share of the cost of
site selection, planning, project administration, land costs, site
design, construction and maintenance financing, return on equity and
depreciation and all of the costs of adapting the tower or equipment
to accommodate a shared user without causing electromagnetic interference.
I.
Site plan review; submission requirements.
(1)
An applicant shall be required to submit a site plan in accordance with Article IV of this chapter. The site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wire and anchors, antennas, parking and landscaping and shall include grading plans for new facilities and roads.
(2)
Supporting documentation. The applicant shall submit
a complete SEQRA EAF, a complete SEQRA visual EAF addendum and documentation
on the proposed intent and capacity of use as well as a justification
for the height of any tower and justification for any clearing required.
The applicant shall also submit a copy of its Federal Communications
Commission (FCC) license.
J.
Lot size and setbacks. All proposed telecommunications
towers and accessory structures shall be located on a single parcel
and shall be set back from abutting parcels and street lines a distance
sufficient to substantially contain on site all icefall or debris
from tower failure and preserve the privacy of any adjoining residential
properties.
(1)
Lot size of parcels containing a tower shall be determined
by the amount of land required to meet the setback requirements. If
land is to be leased, the entire area required shall be leased from
a single parcel unless the Planning Board determines that this provision
may be waived.
(2)
Telecommunications towers shall comply with all existing
setback requirements of the underlying zoning district or shall be
located with a minimum setback from any property line equal to 1.5
times the height of the tower, whichever is greater. Accessory structures
shall comply with the minimum setback requirements in the underlying
zoning district.
K.
Visual impact assessment. In addition to the SEQRA
visual EAF addendum, the Planning Board may require the applicant
to undertake a visual impact assessment which may include:
(1)
A zone of visibility map in order to determine locations
where the tower may be seen.
(2)
Pictorial representations of before and after views
from key viewpoints both inside and outside of the Town, including
but not limited to state highways and other major roads, state and
local parks, other public lands, preserves and historic sites normally
open to the public, and from any other location where the site is
visible to a large number of visitors or travelers. The Board shall
determine the appropriate key sites at a presubmission conference
with the applicant.
(4)
Assessment of the visual impact of the tower base,
guy wires, accessory buildings and overhead utility lines from abutting
properties and streets.
L.
New tower design. Alternative designs shall be considered
for new towers, including lattice and single-pole structures and the
use of stealth designs. The design of a proposed new tower shall comply
with the following:
(1)
Any new tower shall be designed to accommodate future
shared use by other telecommunications providers.
(2)
Unless specifically required by other regulations,
a tower shall have a finish (either painted or unpainted) that minimizes
its degree of visual impact.
(3)
The maximum height of any new tower shall not exceed
that which will permit operation without artificial lighting of any
kind or nature in accordance with municipal, state and/or federal
law and/or regulation. The Planning Board, at its discretion, may
modify this requirement if the applicant can justify the need to exceed
this height limitation.
(4)
The Planning Board may request a review of the application
by a qualified engineer in order to evaluate the need for and the
design of any new tower. The cost of this review shall be borne by
the applicant.
(5)
Accessory structures shall maximize the use of building
materials, colors and textures designed to blend with the natural
surroundings.
(6)
No portion of any tower or accessory structure shall
be used for a sign or other advertising purpose, including but not
limited to company name, phone numbers, banners and streamers.
(7)
The Planning Board may require the use of stealth
designs such as simulated silos or trees.
M.
Existing vegetation. Existing on-site vegetation shall
be preserved to the maximum extent possible. No cutting of trees exceeding
four inches in diameter (measured at a height of four feet off the
ground) shall take place prior to the approval of the special permit.
N.
Screening. Deciduous or evergreen tree plantings may
be required to screen portions of the tower and accessory structures
from nearby residential property as well as from public sites known
to include important views or vistas. Where a site abuts a residential
property or public property, including streets, screening shall be
required.
O.
Access. Adequate emergency and service access shall
be provided. Maximum use of existing roads, public or private, shall
be made. Road construction shall, at all times, minimize ground disturbance
and vegetation cutting to within the toe of fill, the top of cuts
or no more than 10 feet beyond the edge of any pavement. Road grades
shall closely follow natural contours to assure minimal visual disturbances
and reduce soil erosion potential.
P.
Parking. Parking shall be provided to assure adequate
emergency and service access. The Planning Board shall determine the
number of required spaces based upon a recommendation from the applicant.
No parking spaces shall be located in any required yard setback.
Q.
Fencing. The tower and any accessory structures shall
be adequately enclosed by a fence, design of which shall be approved
by the Planning Board. This requirement may be waived by the Planning
Board if the applicant demonstrates that such measures are unnecessary
to ensure the security of the facility.
R.
Removal. The applicant shall submit to the Planning Board a letter of intent committing the tower owner and his/her successors in interest to notify the Code Enforcement Officer within 30 days of the discontinuance of use of the tower. This letter shall be filed with the Code Enforcement Officer prior to issuance of a building permit (assuming the telecommunications tower is approved according to this section). Obsolete or unused towers and accessory structures shall be removed from any site within four months of such notification. Failure to notify and/or to remove the obsolete or unused tower in accordance with these regulations shall be a violation of this chapter and shall be punishable according to § 190-92, Penalties for offenses, of this chapter.
S.
Intermunicipal notification for new towers. In order
to keep neighboring municipalities informed and to facilitate the
possibility of directing that an existing tall structure or existing
telecommunications tower in a neighboring municipality be considered
for shared use and to assist in the continued development of county
911 services, the Planning Board shall require that:
(1)
An applicant who proposes a new telecommunications
tower shall notify, in writing, the legislative body of each municipality
that borders the Town of Greenwich, the Washington County Planning
Board and the Director of Washington County Emergency Services. Notification
shall include the exact location of the proposed tower and a general
description of the project, including, but not limited to, the height
of the tower and its capacity for future shared uses.
(2)
Documentation of this notification shall be submitted
to the Planning Board at the time of application.
T.
Notification of nearby landowners. The applicant shall
be required to mail notice of the public hearing directly to all landowners
whose property is located within 500 feet of the property line of
the parcel on which a new tower is proposed. Notice shall also be
mailed to the administrator of any state or federal parklands from
which the proposed tower would be visible if constructed. Notification,
in all cases, shall be made by certified mail. Documentation of this
notification shall be submitted to the Planning Board.
A.
Purpose and intent. It is the purpose of this section
to prevent the clearing and grading of lots except in association
with an approved site plan.
C.
Any person proposing to clear cut and/or grade more than these totals must follow the procedures for and obtain site plan approval in accordance with Article IV, Site Plan Review, of this chapter. These activities may be subject to additional requirements of other regulating agencies.
D.
This regulation does not apply to bona fide forestry
use or agricultural activities.
The following standards shall apply to all self
storage units.
A.
Vegetative buffering and/or fencing shall be provided
along any road frontage and adjacent properties where determined necessary
by the Planning Board. Fencing adjacent to the street shall be a decorative
type.
C.
Buildings shall be sited perpendicular to the road
so that only the end unit faces the road.
D.
The building shall be designed so that it is in harmony
with the appearance of the surrounding neighborhood. A false facade
or roof shall be used for end units facing the roadway.
E.
The storage of flammable liquids, explosives, hazardous
chemicals, radioactive wastes, pets or animals or illegal substances
is prohibited.
F.
Hours of access shall be specified by the Planning
Board in keeping with the character of the surrounding neighborhood.
B.
Not more than one activity constituting an adult-oriented
business shall be permitted within a single building or on a single
lot.
C.
No adult-oriented business shall be permitted as a
home occupation or in any building also used for residential purposes.
D.
No adult-oriented business shall exceed 5,000 square
feet in total floor area.
E.
No motion picture display shall be visible outside
the premises of the structure in which the adult use is located.
F.
Adult use establishments shall be properly screened
from adjacent properties through the use of fences, walls, landscaping
or other means.
G.
The exterior appearance of a building containing adult
uses shall be consistent with the character of surrounding structures
and shall not detract from the appearance of the neighborhood.
[Amended 9-6-2012 by L.L. No. 3-2012]
Accessory structures less than 120 square feet in size do not
need to comply with the setback standards of this chapter. Accessory
structures greater than 120 square feet in size must comply with the
setback standards of this chapter. If the principal building or use
to which the structure is accessory would require site plan review
or a special use permit under this chapter, then the accessory structure
requires such review.
A.
No structure, other than a marina, may be located
within 100 feet of the mean high water mark of the Hudson and Battenkill
Rivers.
B.
No existing vegetation may be cut within 35 feet of
the river's edge, except that a path 12 feet in width may be cut on
each lot through the existing low-growing vegetation.
C.
Low-growing vegetation may be cut between 35 feet
and 65 feet of the river's edge.
D.
Dead or diseased trees may be removed within 65 feet
of the river's edge if they present health or safety concerns.
E.
All distances specified in the river's edge specifications
are measured horizontally.
A.
Pursuant to NYCRR Part 617.14(g), the Rural Agricultural
District of the Town of Greenwich and all lands within 100 feet of
the top of the bank of the Hudson and Battenkill Rivers are hereby
designated a critical environmental area (CEA) for the following reasons:
(1)
They contain agricultural and open space resources
important to the character of the Town. Maintenance of these resources
is a critical goal of the Town of Greenwich Comprehensive Plan.
(2)
They contain areas of important scenic and aesthetic
quality whose preservation is important to the Town. Impairment of
these qualities may adversely affect the Town.
(3)
They contain important natural resources such as wetlands,
forests and wildlife habitat, the maintenance of which is important
to the ecological and social quality of life of the Town.
(4)
The preservation not only of agricultural and open
space but also the social and cultural character of the area is critical
to maintaining Greenwich as a rural community, a primary goal of the
Town's Comprehensive Plan.
B.
Pursuant to NYCRR Parts 617.4(a)(2) and 617.14(e),
the Town of Greenwich hereby declares that any subdivision of five
or more lots anywhere in Town is a Type 1 action and shall be reviewed
as such.
A.
In order to limit impacts to schools and community
services, no more than five building permits may be issued per year
for any individual subdivision. The Planning Board, may, at the time
of final approval, designate a mechanism for assignment of building
permits within a subdivision.
B.
Within the Rural Agricultural District, the three-hundred-foot
frontage requirement in the Area Table[1] does not apply, provided that no more than four lots are
being subdivided and all of which have access to a public, Town, county
or state highway, from a parcel from the date of enactment of this
chapter. For purposes of this section, parcels that are contiguous
and in the same ownership at the time of enactment of this chapter
shall be considered to be a single parcel for all subsequent subdivisions.
[1]
Editor's Note: Table 2, Area Requirements,
is included at the end of this chapter.
C.
All lots fronting on new roads in the Rural Agricultural
District built after the date of enactment of this chapter shall be
required to have 300 feet of road frontage regardless of whether or
not they are the first four lots subdivided from a parcel.
D.
Any major subdivision in the Rural Agricultural District
shall require 300 feet of road frontage for every lot, regardless
of whether or not they are the first four lots subdivided from a parcel.
E.
Lots in clustered subdivisions in all districts are
exempt from the road frontage requirement.
The following standards shall apply to all private
driveways in the Town of Greenwich.
A.
Private driveway grades shall not exceed 12%.
B.
Private driveway grades shall not exceed 3% within
100 feet of the intersection with a public roadway.
C.
Adequately designed road culverts are to be installed
at all driveways that connect to a public road. Culverts must be at
least 30 feet long and shall be no less than 12 inches in diameter
and shall be constructed of HDPE pipe.
D.
There shall be no obstruction such as mailboxes, markers,
stones or parked vehicles within three feet of the edge of the public
roadway.
E.
Driveways in excess of 500 feet must be accessible
to and able to hold a fifty-thousand pound, thirty-foot-long vehicle,
as determined by a licensed engineer, with facilities for turning
around within 100 feet of any structure.
F.
Shared driveways shall be allowed at the discretion
of the Planning Board. In determining whether to allow shared driveways,
the Planning Board shall consider whether doing so would result in
better use of the land and would further the purposes of the Comprehensive
Plan and this Zoning Ordinance. For any lots that propose to utilize
a shared driveway, an agreement between landowners addressing access
and shared maintenance responsibilities shall be provided to the Town
and shall be executed by the landowners prior to any building permit
being issued. The agreement shall be effective in perpetuity.
A.
Any junkyard shall be completely enclosed with an
opaque fence such that the junkyard is not visible, except for operations
for ingress and egress. Such fence shall be at least six feet high.
There shall be no storage of material outside the fence. If, due to
topographic or other considerations, the junkyard is visible from
other properties with the fence in place, the Planning Board may require
such other screening measures as it deems appropriate.
B.
All junkyards shall be required to renew their special
use permit annually.
C.
Any junkyard in existence as of the date of enactment
of this chapter shall be required to comply with this chapter and
obtain a special use permit within one year of enactment of this chapter.
[Added 9-6-2012 by L.L.
No. 3-2012]
The keeping of more than five junk vehicles or more than 10 trailers or storage containers on a property shall require a special use permit pursuant to Article V of this chapter.
[Added 9-6-2012 by L.L.
No. 3-2012]
B.
Temporary occupancy of a travel trailer in the Town of Greenwich
outside of a campground for more than 14 consecutive days or more
than 30 days per year shall require a certificate of occupancy to
assure that adequate health and safety standards are met. To obtain
a certificate of occupancy for a travel trailer, the applicant must
demonstrate to the satisfaction of the Code Enforcement Officer that
there is a sanitary and adequate means of wastewater disposal as well
as a safe and adequate supply of drinking water. Under no circumstances
may a travel trailer be occupied outside a campground more than 60
days a year.
[Added 12-28-2016 by L.L. No. 1-2017]
A.
Solar
as an accessory use or structure.
(1)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems that use the electricity on-site
or off-site are permitted as an accessory use in all zoning districts
when attached to any lawfully permitted building or structure. No
site plan or special use permit review is required for a roof-mounted
solar energy system installed as an accessory use.
(b)
Roof-mounted solar energy systems shall not exceed the maximum height
restrictions of the zoning district in which they are located and
are permitted the same height exemptions granted to building-mounted
mechanical equipment.
(2)
Ground-mounted solar energy systems.
(a)
Ground-mounted solar energy systems that use the electricity primarily
on-site are permitted as accessory structures in all districts. No
site plan or special use permit review is required for a ground-mounted
solar energy system installed as an accessory use.
(b)
Ground-mounted solar energy systems shall adhere to the height, setback
and lot coverage requirements of the underlying zoning district in
which they are located.
(c)
In all districts ground-mounted solar energy systems shall be installed
in side or rear yards. The Code Enforcement Officer, at his or her
discretion, may require that ground-mounted solar energy systems be
screened from adjoining properties. The Code Enforcement Officer may
require that such screening be installed within one year of the date
of installation of the system.
(3)
Approval standards for large-scale solar systems as a special use.
(a)
No more than 20% of a large-scale solar system, and the access roads
and infrastructure related thereto, may be underlain by prime, unique
or important farmland as classified by the New York State Department
of Agriculture and Markets.
(b)
No solar array shall be installed until evidence has been provided
to the Code Enforcement Officer that the owner has submitted notification
to the utility company of the customer’s intent to install an
interconnected customer-owned generator.
(c)
Equipment specification sheets shall be submitted for all photovoltaic
panels, significant components, mounting systems, and inverters proposed
to be installed.
(d)
The applicant shall submit a plan for the operation and maintenance
of the solar array, which shall include measures for maintaining safe
access to the installation, measures for managing vegetation growth,
and general procedures for operation and maintenance of the system.
(e)
Lighting shall be limited to that required for safety and operational
purposes and shall be reasonably shielded from abutting properties.
Lighting shall be directed downwards unless determined infeasible
by the Planning Board and shall incorporate full cut-off fixtures
to reduce light pollution.
(f)
A copy of the plans shall be provided to the local fire chief. All
means of shutting down the solar array shall be clearly marked.
(g)
Visual impacts shall be minimized by preserving natural vegetation,
screening abutting properties and roadways and other means as determined
necessary by the Planning Board.
(h)
The Planning Board may, at its discretion, require that the facility
be enclosed by fencing to prevent unauthorized access. The type of
fencing, if required, will be determined by the Planning Board.
(i)
Signage shall be provided warning against unauthorized access and
providing the owner’s contact information.
(j)
To ensure the proper removal of large-scale solar energy systems,
a decommissioning plan shall be submitted as part of the application.
Compliance with this plan shall be made a condition of the issuance
of a special use permit under this section. The decommissioning plan
must specify that after the large-scale solar energy system can no
longer be used, it shall be removed by the applicant or any subsequent
owner. The plan shall demonstrate how the removal of all infrastructure
and the remediation of soil and vegetation shall be conducted to return
the parcel to its original state prior to construction. The plan shall
include an expected timeline for execution. A cost estimate detailing
the projected cost of executing the decommissioning plan shall be
prepared by a licensed professional engineer. Cost estimations shall
take into account inflation. Removal of large-scale solar energy systems
must be completed in accordance with the decommissioning plan.
(k)
A performance bond or other financial surety suitable to the Town
Board shall be assigned to the Town of Greenwich for decommissioning
purposes.
(l)
All large-scale solar systems must enter into a payment in lieu of
taxes agreement with the Greenwich Town Board. Evidence of such agreement
must be provided to the Planning Board prior to granting of approval.
(m)
At the time that an application for site plan review for a large-scale solar system is submitted, or an application for a building permit for any other solar energy systems is submitted, all such applicants shall pay an application fee in the amount adopted by the Town Board pursuant to Town Code § 110-1 and listed on the Town's Fee Schedule.
[Added 6-8-2021 by L.L. No. 3-2021]
